17c起草社区

ALMOST exactly 30 years ago this week, the 17c起草社区’s front page publicised the news of NSW Parliament decriminalising homosexuality in the state.

The聽private member鈥檚 bill to decriminalise homosexuality, which was introduced by then-Labor Premier Neville Wran, and the 17c起草社区 鈥斅爐hen known as fortnightly newspaper聽The Star聽鈥斅爎eported on the historic moment in its May 31 edition. (Scroll down for archive images)

The bill came into affect a few weeks later on June 8, officially making NSW the fourth state/territory in Australia to decriminalise homosexuality.聽However, Wran鈥檚 bill did not equalise the age of consent, which remained 18, two years older than for heterosexual or lesbian sex, until 2003.

Last night,聽NSW Parliament commemorated the 30th聽anniversary of the decriminalisation of homosexuality, with many members of Sydney’s LGBTI community viewing the proceedings in the public gallery.

The Matter of Public Importance had bipartisan support in the NSW Legislative Assembly, with Sydney state independent MP Alex Greenwich, Marrickville state Labor MP Carmel Tebbutt, and Coogee state Liberal MP Bruce Notley-Smith all acknowledging the importance of decriminalisation and committing to further reform.

Greenwich said:聽鈥淭his historic milestone reminds us of how far we have come, and strengthens our community鈥檚 resolve to keep fighting.

鈥淔or decades LGBTI community leaders have worked tirelessly with MPs to bring about change for our community. This continues today, and thankfully we have a growing number of members of parliament standing up for the LGBTI communities.鈥�

Tebbutt reflected on the contribution of the late Lex Watson, a pioneer in the gay and lesbian rights movement who was also instrumental in the decriminalisation campaign, while Notley-Smith shared the personal impact decriminalisation had on him and committed to legislation to expunge the criminal records of gay men charged prior to decriminalisation.

Tomorrow night, Pride History Group, NSW Gay and Lesbian Rights Lobby, Inner City Legal Centre and ACON will host an event at NSW Parliament House to mark聽the 30th anniversary of the decriminalisation of homosexuality; ; and also .

In the meantime, enjoy these archive images of the 17c起草社区’s front page from May 31, 1984. (Page 2 in particular offers a summary of the debate in parliament when the bill was passed):

FRONT PAGE

Transcription:

THE LAW & YOU

IF YOU AND ‘YOUR PARTNER ARE OVER 18 YEARS

The police can no longer arrest you simply for committing a sexual聽act with that partner. Such offences no longer exist.听罢丑别re are also no specific IN PRIVATE clauses.

This does not聽mean you will have free rein in beats, you will probably be arrested聽for committing offences in public places or something else.聽叠贰听WARNED ~ police may step up campaigns in beats or use activity in聽beats to try and mount a campaign against gays.

Activity in SAUNAS and such similar places will probably be alright聽as long as those places have some sort of control on entry that聽would-prevent any member of the public walking in without some聽sort of knowledge of what they are entering.

IF YOU ARE OVER18, AND YOUR PARTNER IS UNDE’R 18

You are committing a crime to indulge in any sort of activity聽with a male under 18. There are savage penalties and there is no聽defense, such as being under the impression the person was over 18聽years.

If you do have sex with someone under 18 years, try and make聽sure they are over 10 [sic] and refrain from anal intercourse or fellatio.聽Mutual masturbation etc has a TWO YEAR penalty instead of TEN.

REMEMBER with the new “Solicit, procure, incite or advise聽clauses” you could be arrested for just approaching an under 18 year聽old even if they refuse your approach. You could also be guilty of a聽crime if you encourage a gay male teenager into openly embracing a聽gay lifestyle.

NOTE: You cannot be prosecuted for an offence with a 16 or聽17 year old if it took place more than a YEAR before charges were聽laid.

IF YOU ARE UNDER 18 AND YOUR PARTNER IS OVER 18

You are lucky. Under the new law it is only your partner who is聽committing an offence. If the police threaten you with charges in聽an attempt to make you talk, tell them to get stuffed.

Remember this puts you under great responsibility not to talk to聽police if caught because by getting into bed with someone over 18聽you do put them at risk.

NOTE: The STAR has probably committed an offence by not聽suggesting you refrain from sexual activity.

IF BOTH OF YOU ARE UNDER 18 YEARS

You have both committed an offence with each other.

HOWEVER, hopefully section 79T2 will protect most of you聽from prosecution. Under section 79T2 neither of you can be prosecuted聽unless the Attorney General approves. Most people believe this聽will prevent all prosecutions except those where the younger partner聽is obviously-much younger or under some sort of duress.

REMEMBER the police theoretically cannot even arrest and聽charge you unless the A-G approves. Probably however, police will聽ignore this until they get clear instructions to the contrary. If they聽do arrest you, they will not be able to pursue it very far, so DON’T聽LET THEM BULLY YOU INTO THINKING OTHERWISE.

Richard Turner

——-

THE WRAN ACT

Lex Watson

The Wran Act, which will聽officially come into force in a聽week or two, does various聽things.

– Abolishes all Crimes Act聽offences for sexual act between聽and with males 18 years and聽over;

– Retains offences for all聽non-consenting acts with males聽regardless of age;

– Retains the offences of sex,聽with or without consent, with聽males under the age of 18 years,聽or of inciting a male under 18聽to have sex;

– Provides that a male under聽18 cannot be prosecuted for a聽consenting offence (i.e with聽another under the age of 18)聽without the sanction of the聽Attorney General;

– Does not change other laws聽dealing with ‘street offences’聽such as offensive behaviour.

Debate has raged among activists聽as to the effect of two聽provisions in the Act, so to spell聽them out may be helpful.

S.78Q (2) – this section was聽originally added by Yeomans聽(Lib, Hurstville) and amended聽by Unsworth. It makes it an-effence聽to ‘solicit, procure, incite聽or advise’ a male under the age聽of 18 to have sex with ‘any other聽male. ‘

The section adds nothing to聽existing law, which already聽makes it an offence to incite,聽counsel, aid or abett anyone to聽commit any crime. It is already聽an offence to incite any person聽under 16 years to have sex.

Case law on incitement says聽the offence is very broad and聽covers almost any possible聽action that results, even unintentionally,聽in the commission of a聽crime. As such the offence will,聽as it long has done, be a direct聽threat to freedom of speech, to聽any discussion of homosexuality.

In practice, as in the past, the聽section is most unlikely to be聽used that way. Prosecution is聽likely only where there is a very聽specific act directed at a person聽under age, for example where聽someone actually tries to pickup聽someone under age for sex. If聽the person doing the incitement聽is themselves under 18 years a聽prosecution needs the sanction聽of the Attorney.

While the intention of the聽mover of this section appears to聽have been to curtail freedom of聽speech, it would be a rash policeman聽who started such a prosecution聽and the courts would聽look at it with great scepticism聽in such a context. Just as in the past incitement laws have聽not affected the operations of聽the Gays Counselling Service,聽Twenty-Ten, or personal聽development courses, so in the聽future they should not be allowed聽to do so.

However, so long as the potential聽is there for such a prosecution, it is necessary to work聽for the removal of ‘incitement’聽type offences which threaten聽freedom of speech.

S.78T (2) – this section is an聽innovation which I included in聽the 1984 version of our draft聽bill; It was accepted by Wran at聽our meeting as the partial solution聽of a problem which is that聽the purpose of age of consent聽laws is to protect minors, where聽as as drafted male homosexual聽ages of consent in effect criminalise聽minors.

The model for the section is a聽similar provision of the incest聽laws. The intent is to provide the聽Attorney, acting on advice from聽senior law officers, with the discretion聽to decide whether any …聽continued page 6

PAGE TWO

Transcription:

EDITORIAL

The NSW Parliament took an historic step this week when it passed a private members聽bill聽decriminalising聽private homosexual behaviour amongst consenting males over聽the age of聽18.聽In the process of passing Premier Wran’s聽private member’s bill, the聽Parliament removed one oft he most discriminatory provisions in the NSW聽Crimes聽Act.

But in the process聽of聽taking one step forward in guaranteeing legal equality for gay聽men聽18聽and聽over, the Parliament took two steps backward by聽placing聽still greater legal聽restrictions on gay聽male聽under the age of聽18.

The聽new聽legislation聽places a total legal prohibition on聽all homosexual behaviour聽amongst gay men under the age of聽18.聽It also introduces severe聽criminal penalties聽for聽men who participate in sex with young gay males. A聽19聽year old man who聽has聽sex with聽a聽17聽years old man, for example, could be sentenced to as much as 10 years in prison聽under the new聽legislation. The new act discriminates against gay men as to the age of聽consent聽–聽all other lesbian and heterosexual acts in NSW have an聽age聽of consent of 16聽years of age聽–聽and it also defines homosexual acts much more broadly than did聽previous provisions in the Crimes Act (which were restricted to anal intercourse).

A particularly bothersome and uninformed amendment聽was聽included in the legislation聽against the wishes ofMr. Wran. The so-called “Yeomans’ amendment”, named for聽its sponsor the new Liberal MP for Hurstville,聽was聽included in the bill with聽little聽debate聽in a聽2am vote in the Assembly. The amendment was modified somewhat in the Legislative聽Council, but it still included wording which would seem to make it illegal for聽recognised counsellors,聽teachers聽and clergymen’ to advise young gay men to accept聽their sexual preference.

The modified聽Yeoman’s聽amendment puts organisations like the Gays Counselling聽Service and 26-10, both state government funded organisations which counsel young聽gay men, in considerable legal difficulty in their attempt to provide support for young聽gays.

The work which many groups of this kind do ‘to provide alternatives to teenage聽male prostitution could be seriously affected by the ill-conceived Yeoman聽amendment.

Beyond the specifics of the bill itself, the parliamentary debate provided some聽major insights into the quality of the聽NSW聽Parliament. I feel that the overall level of聽debate was聽rather聽better than that which occurred during the four聽unsuccessful聽attempts in the last Parliament to change the Crimes Act provisions on homosexual聽acts.聽

A few parliamentarians did use the occasion to display an appalling lack of understanding聽about the nature of homosexuality and the behaviour of gay people. It can be聽of little comfort to supporters of the聽Opposition聽that聽the most prejudiced and ill informed聽contribution ‘in either chamber came from the Coalition聽Shadow Minister聽for聽Youth聽and Community Affairs, Mr Joe聽Schipp, the聽Liberal member from Wagga聽Wagga.

Mr Schipp told the Assembly that homosexuals “are not the sort聽of聽persons the聽community wants聽–聽they should be treated聽and聽fixed up so that they are not a聽nuisance in society”. Mr Schipp added that homosexuality is particularly nasty, and it聽was no wonder AIDS exists. “I hope”, he said “they do not find a cure for AIDS”.

Other particularly homophobic contributions to the debate were made by the聽National Party leader, Mr Punch, and his deputy, Mr Armstrong, by Labor members聽Mr Amery and Mr Healey, and by Liberals Mr Rozzoli, Mr Jim Gough and Mr聽Caterson.

But some particularly well prepared and well researched speeches were also delivered聽by both Labor members and Liberals. Both major party leaders, Premier Wran聽an Mr Nick Greiner, spoke intelligently and convincingly in support聽of reform.听罢丑别y聽were聽joined by the聽Attorney-General,聽Mr Landa, the Minister for Energy, Mr Cox, the聽Minister for Transport, Mr Unsworth and the long time crusader for homosexual law聽reform, Mr George Petersen. Mr Terry Metherell, the Liberal shadow minister for聽Transport, spoke convincingly on the bill and showed great courage by defying his聽party to speak and vote against the聽Yeomans’聽amendment.

Another highlight on the debate in the Council聽was聽the articulate maiden speech of聽Mr聽Jim聽Cameron, a vociferous opponent of the聽legislation.

But the most thoughtful and well researched contribution in either chamber come聽from the lone Australian Democrat in the NSW Parliament, Elisabeth Kirkby. Ms聽Kirby prepared a particularly impressive reply to the claims of the opponents of聽reform relating to religious attitudes and to health matters. She was punished for her聽effort by an opponent to reform, Mr Clive Healey, who as Council Chairman of聽Committees, rudely refused Ms. Kirkby any hearing on the Yeomans’ amendment聽debate. Mr Healey聽s聽behaviour while chairing the committee debate in the Council聽sadly did much to negate the considerate and understanding conduct of the prior聽debate by Council President, John Johnson.

It reminded parliamentary observers how the tyranny of the presiding officer and聽of聽the聽majority are too often used to stifle meaningful discussion in our聽Parliamentary聽institutions.

The spectre of exhausted members in both chambers rushing through votes on聽important amendments in the post-midnight hours showed how unsuited current聽parliamentary deliberations often area for dealing with complicated questions of聽community concern. It was聽apparent聽to anyone in the gallery at聽2am聽last Wednesday聽morning that many members have, little experience in coping with conscious votes聽where each must make a decision about complicated聽legislation聽not regulated by the聽positions of their political party.

The debate over the ‘legal rights of gay males聽in聽NSW has been聽temporarily聽adjourned.聽But聽elected聽officials will need to remember聽that聽gay men will never accept a legal聽structure which makes them second class citizens and that gay support groups will not聽abandon gay young people ‘simply because the Parliament attempts to legislate聽celibacy聽for gay teenagers.

Whatever the immediate consequences of the new聽laws聽for homosexual men, the聽gay community in this State聽will聽continue to fight for total equality under the law and聽for full protection against police harassment for all our citizens,聽whatever聽their sexual聽preference.

Dr. Ernie聽Chaples

——–

Editor’s note:听罢丑别 17c起草社区 team would like to thank the community members who were involved and worked tirelessly in the decriminalisation campaigns in each and every state of Australia. Their work has left a significant and positive impact in the history of LGBTI rights around the nation. Their efforts and achievements will always be appreciated.

RELATED:

RELATED:

RELATED: